Henderson, NV asked in Immigration Law for Nevada

Q: F1visa married with US citizen. If I want to stop school.Because of can not afford it. Can I apply a green card

I’m going to married in 2 week. If I stop going to school and my I-20 got terminated. What should I do to apply a green card.? Or it is effects to apply a green card. Because I can not afford my school for now. But I’m planning to go back to school after, I get a green card.

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1 Lawyer Answer
Carl Shusterman
Carl Shusterman
  • Immigration Law Lawyer
  • Los Angeles, CA

A: You can apply for adjustment of status, and stop going to school.

Good news here if you overstayed a U.S. visa: While most people in your shoes are not eligible to adjust status (and must instead apply for their visa through consular processing, in their home country), your marriage to a U.S. citizen basically cancels out the issue, and you can apply to adjust status no matter how long you were out of status. In fact, you'll be getting a double benefit by doing so, because if you instead chose to apply through consular processing, and your period of unlawful presence in the U.S. was 180 days or more, you'd be subject to the time bars on your return.

An important caution applies to the above, however. If you used a visa to come to the U.S. with the existing intention to apply for a marriage-based green card, you have committed visa fraud, and may be denied the green card on that basis. It's far better if you weren't yet married when you entered the U.S. and only met your spouse or decided to get married later.

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